OfficeMax 2013 Annual Report Download - page 282

(m) dispositions of cash and property permitted by Section 6.04(g);
(n) the dispositions described on Schedule 6.05(n);
(o) sales of inventory to an Original Vendor in connection with any Consignment Transaction; provided that the aggregate amount of Consignment
Transactions (based on amount paid to the Company or its subsidiaries for the subject inventory by the Original Vendor) shall not exceed
$50,000,000100,000,000 in any fiscal year of the Company;
(p) leases, subleases, licenses and sublicenses of assets entered into by any Borrower or any Subsidiary in the ordinary course of business that
do not materially interfere with the conduct of the business of the Company and its Subsidiaries taken as a whole; and
(q) sales, transfers and dispositions of accounts receivable pursuant to a Permitted Foreign Subsidiary Factoring Facility;
provided that all sales, transfers, leases and other dispositions permitted hereby (other than those permitted by paragraphs (b) (to the extent the applicable
transaction is solely among Loan Parties), (e), (f), (h), (i), (j) and (k) above) shall be made for fair value and for at least 75% cash consideration.
SECTION 6.06 [Reserved].
SECTION 6.07 [Reserved].
SECTION 6.08 Swap Agreements. No Loan Party will, nor will it permit any of its Subsidiaries to, enter into any Swap Agreement, except (a) Swap
Agreements entered into to hedge or mitigate risks to which any Borrower or any Subsidiary has actual exposure (other than those in respect of Equity Interests
of any Subsidiary of the Company), (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates,
from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of any Borrower or any Subsidiary and
(c) Swap Agreements entered into in connection with a Permitted Convertible Notes Offering.
SECTION 6.09 Restricted Payments; Certain Payments of Indebtedness . (a) No Loan Party will, nor will it permit any of its Subsidiaries to, declare or
make, or agree to pay or make, directly or indirectly, any Restricted Payment, or incur any obligation (contingent or otherwise) to do so, except (i) each Loan
Party and its Subsidiaries may declare and pay dividends or other distributions with respect to its common stock payable solely in additional shares of its
common stock, and, with respect to its preferred stock, payable solely in additional shares of such preferred stock or in shares of its common stock;
(ii) Subsidiaries may declare and pay dividends ratably with respect to their Equity Interests; (iii) the Company may make Restricted Payments, not exceeding
$10,000,00020,000,000 during any fiscal year, pursuant to and in accordance with equity incentive plans or other benefit plans for management or employees
of the Company and the Subsidiaries and for deceased and terminated employees and present and former directors (including from their estates), (iv) the
Company may enter into option, warrant and similar derivative transactions in connection with a Permitted Convertible Notes Offering and may settle such
transactions in accordance with the terms thereof, (v) the Company may declare and pay dividends payable in cash with respect to its capital stock and may
make payments, including any sinking fund or similar deposit, on account of the purchase, redemption, retirement, acquisition, cancellation or termination
of any Equity Interests in the Company or any option, warrant or other right to acquire any Equity Interests in the Company in an aggregate amount not to
exceed $75,000,000125,000,000 during
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